Parole Violation Defense in CaliforniaCalifornia Penal Code § 3000 et seq.
Free Consultation.What Is a Parole Violation in California?
Parole is supervised release from state prison after serving part of a sentence. When you are on parole, you must comply with a strict set of conditions imposed by the California Department of Corrections and Rehabilitation (CDCR). Common conditions include regular reporting to your parole agent, submitting to searches, abstaining from alcohol and drugs, not associating with known felons, and not possessing firearms. Violating any condition can result in arrest and return to prison.
Types of Parole Violations
Parole violations fall into two categories. Technical violations involve breaching a specific condition of parole — such as failing a drug test, missing a check-in, or traveling outside the approved area — without committing a new crime. Criminal violations involve being arrested for or convicted of a new criminal offense while on parole. Criminal violations are treated more seriously and can result in much longer return-to-custody periods.
The Parole Revocation Process
If your parole agent believes you have violated parole, they can arrest you or issue a warrant for your arrest. You will then face a parole revocation hearing before the Board of Parole Hearings. Unlike a criminal trial, this hearing uses a preponderance of evidence standard and you do not have the right to a jury. You do have the right to be represented by an attorney, to present evidence, and to cross-examine witnesses.
Consequences of Parole Revocation
If found in violation, you can be returned to state prison for up to 180 days for a technical violation, or for the remainder of your original sentence for a criminal violation. A new criminal conviction while on parole can also result in a consecutive sentence on top of the time remaining on your original commitment.
Defenses Available
Our attorneys challenge parole violations by disputing the facts, arguing the violation was not willful, challenging the evidence including drug test accuracy, and presenting mitigating circumstances to the hearing officer. We also negotiate with parole agents to resolve technical violations without formal revocation proceedings whenever possible.
Contact Virtuoso Law
Parole violations can send you straight back to prison. Call (833) 666-5245 immediately — we are available 24/7 throughout California.